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The family of four was moving to Portland. They had all their belongs with them when they pulled into a hotel to rest for the night. The parents paid for the room and then joined the kids for what they hoped would be a restful night of sleep before continuing
their journey to Portland. While they all slept, bed bugs attacked them with a multitude of bites. When the hotel refused to refund their money for the overnight stay, and otherwise failed to cooperate or try to right the situation, the plaintiffs (each member of the family had their own claim) through the discovery process learned this was not the first-time complaints had been filed against the hotel for bed bug infestations. The hotel’s knowledge of, and its failure to remedy the problem, put the entire family at risk, entitling each family member to their own settlement when the case was all over.
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The little boy was doing what little boys do, bouncing on a metal chain that appeared to be anchored between two brick pillars when in fact, it was not. The boy’s bouncing on the chain brought one of the brick pillar down on him, severely gashing his
leg. It turned out the brick pillar had not been properly constructed and secured, and was an accident waiting to happen. The company tried to deflect responsibility by blaming the boy’s mother for not watching her child better, rather than accept responsibility for not constructing the brick pillar properly. The little boy won a settlement based on an engineering report that ripped the company for creating and hiding such a hazard. The company posted warnings after the little boy was injured, but not before.
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Before plaintiff called a lawyer, she tried to negotiate a settlement with the insurance adjuster by herself. The insurance adjuster offered a settlement for $500, but before the plaintiff accepted it, withdrew the $500 offer and reduced the offer to
$350. When plaintiff received notice the adjuster had reduced the offer from $500 to $350, she signed the release for $500 and returned it to the insurance adjuster. The adjuster refused to pay the $500, telling the plaintiff the offer had been withdrawn before it was accepted. Outraged by the bait and switch, plaintiff filed suit for $10,000, plus her attorney fees, under ORS 20.080. The insurance adjuster then offered to pay the original $500, but it was too late.
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